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- 1). Gather evidence to support your claim. Regardless of the grounds for revocation, a visa-holder should be prepared to provide evidence that he never intended to surrender residency; that he abides by U.S. laws and is an upstanding member of society. In addition, you may provide evidence that he will experience some sort of burden if he is deported, and that he has dependents in the United States with citizenship or permanent residence status. If deportation hearings are already ongoing, file for a stay of deportation, in order to be given enough time to prepare an appeal.
- 2). Obtain an attorney. Immigration law and practice is a complicated process that requires expert assistance. From selecting evidence for an immigration hearing to employing state and federal laws practices in defending a green card, an attorney can help maximize chances for visa reinstatement or other forms of relief.
- 3). File for appeal with the Board of Immigration Appeals (BIA). The BIA is the presiding body for all visa appeals and deportation hearings. Once filed, a hearing date will be scheduled and your attorney will be responsible for filing all necessary paperwork and preparing briefs. While the appeal is under review, a person awaiting deportation can be held in custody or allowed to be released on bond. A separate bond hearing will be held to make this determination.
- 4). Apply for cancellation of removal. Cancellation of removal is a special form of relief for visa holders that have held a green card for at least five years, have been living in the United States continuously, and lawfully, for at least seven years, and have not been convicted of an aggravated felony.
- 5). Apply for judicial review. If all else fails, an alien has 30 days to file with the court of appeals following a final removal determination.
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